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WALKER v. CITY OF MESQUITE, TX

No. 97-11083.

169 F.3d 973 (1999)

Debra WALKER, et al., Plaintiffs, Debra Walker; Jeanette Washington; Hazel Williams; Zelma Lang; Renita Brown; Lillie Thompson, Plaintiffs-Appellees, Tracey Smith, Intervenor Plaintiff-Appellee, v. CITY OF MESQUITE, TX, et al., Defendants, Department of Housing & Urban Development, Defendant-Appellee. Highlands of McKamy IV and V Community Improvement Association; Ginger Lee; Preston Highlands Homeowners' Association, Incorporated; David Beer, Plaintiffs-Appellants, v. The Housing Authority of the City of Dallas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 16, 1999.

Attorney(s) appearing for the Case

Michael M. Daniel, Laura Beth Beshara, Dallas, TX, for Plaintiffs-Appellees and Intervenor Plaintiff-Appellee.

Linda Frances Thome, U.S. Department of Justice, Appellate Section, Civil Rights Division, David Kevin Flynn, U.S. Department of Justice, Washington, DC, for Department of Housing & Urban Development.

Robert E. Goodfriend, Michael P. Lynn, Thomas M. Melsheimer, Eric Wolf Pinker, Lynn, Stodghill, Melsheimer & Tillotson, Dallas, TX, for Plaintiffs-Appellants.

Joseph G. Werner, Melissa Ann Miles, Haynes & Boone, Dallas, TX, for The Housing Authority of the City of Dallas.

Before JONES and SMITH, Circuit Judges, and SHAW, District Judge.

EDITH H. JONES, Circuit Judge:

The Dallas Housing Authority (DHA), the United States Department of Housing and Urban Development (HUD), and the City of Dallas were found liable several years ago for unconstitutional racial discrimination and segregation within Dallas's public housing programs. The primary issue on this appeal is the constitutionality of the provision of the district court's most recent remedial order that directs newly constructed units of public...

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